1. Safety at Sea – Where the Law Kicks In
Bruce Craig
Partner

2. Introduction
Purpose of talk – to highlight certain safety responsibilities under the criminal law
Legal compliance by having excellent systems which are constantly reviewed and complied with by well trained and competent people
Today look at
Onshore management
In port
At sea
Corporate Manslaughter and Corporate Homicide Act 2007
Sentencing Guidelines

3. Onshore Management Planning of work Safety Management System
Specific risks – e.g. rig move procedures in anchor handling
Health & Safety at Work Etc Act 1974
Section 2 – duty to ensure safety of your employees so far as is reasonably practicable
Section 3 – duty to ensure safety of those not employed by you so far as is reasonably practicable
Onus on you to show that everything “reasonably practicable” has been done
Section 7 – personal duty not to endanger safety of others

4. Onshore Management (cont’d)
Section 37:
“Where an offence … committed by a body corporate is proved to have been committed with the consent or connivance of, or have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer … he as well as the body corporate shall be guilty of that offence …”
Management of Health & Safety at Work Regulations 1999 – obligation to
Conduct risk assessments
Implement necessary measures
Appoint competent people
Distribute appropriate information
Provide training

5. Corporate Manslaughter and Corporate Homicide Act 2007
Statutory manslaughter for organisations
Does not apply to individuals
Might be prosecuted under health & safety legislation
Prosecution must prove the way in which activities were managed or organised:
Caused a person’s death in the UK including the UKCS;
Amounts to a gross breach of a relevant duty of care owed to the deceased; and
Senior management’s role in the breach was a substantial element

6. Corporate Manslaughter and Corporate Homicide Act 2007 (cont’d)
A “gross breach” if the conduct “falls far below what can reasonably be expected of the organisation in the circumstances”
Jury must consider whether failure to comply with health & safety legislation and if so
How serious that failure was
How much a risk of death it posed
The jury may consider the extent of the organisation’s safety culture – does the evidence show that there were attitudes, policies, systems or accepted practices within the organisation which were likely to have encouraged such failure or produced tolerance of it?
31 cases so far – 26 convictions

7. In Port Traffic separation Gangway safety Quayside safety
Confined Spaces Regulations 1997

8. At Sea Merchant Shipping Act 1995
Section 100 – owner liable for unsafe operation of ship
Section 58 – conduct endangering ships, structures or individuals
Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996

9. At Sea (cont’d)
Merchant Shipping & Fishing Vessels (Health & Safety at Work) Regulations 1997
Regulation 7 – “a suitable and sufficient assessment shall be made of the risks of the health & safety of workers”
Code of Safe Working Practices for Merchant Seafarers

10. Sentencing Guidelines
In force in England and Wales since February 2016
Apply to health & safety and corporate manslaughter cases
Apply to organisations and individuals
Must be followed by judge unless it is contrary to the interests of justice to do so
Level of fines has increased significantly since introduction

11. Conclusion Crucial to have
Safety culture to do absolute best to keep everyone safe
Resilient systems
Strong compliance
Continual monitoring and improvement
Well trained and competent personnel

12. Any Questions?